PERAN NON-GOVERNMENTAL ORGANIZATION (NGO) SEBAGAI AMICUS CURIAE DALAM PENEGAKAN HUKUM BAGI KASUS KEKERASAN SEKSUAL DI PERGURUAN TINGGI: STUDI KASUS PROSES JUDICIAL REVIEW PERMENDIKBUD NOMOR 30 TAHUN 2021

Abstract

Sexual violence in higher education institutions in Indonesia has become an increasingly important issue, especially after the enactment of the Minister of Education, Culture, Research, and Technology Regulation (Permendikbudristek) No. 30 of 2021, which aims to prevent and address sexual violence in higher education environments. However, this regulation has faced controversy and opposition from some groups who argue that certain phrases could potentially legitimize immoral actions. In this context, seven civil society organizations formed the Civil Society Coalition for Violence-Free Education and presented themselves as amicus curiae, or "friends of the court," in the judicial review process of Permendikbudristek No. 30 of 2021 before the Supreme Court. Through their amicus curiae role, these organizations provided legal opinions supporting the protection of sexual violence victims and suggested that the policy should give more attention to human rights and victim protection aspects. This research employs a normative juridical approach, qualitative in nature, using a case study method to analyze the role and contribution of NGOs as amicus curiae in influencing court decisions and improving the effectiveness of law enforcement against sexual violence in higher education. It is hoped that, through the role of amicus curiae, the Supreme Court's decision will reflect justice for victims, strengthen legal protection in higher education environments, and contribute to the creation of more progressive policies in addressing sexual violence.